Heeeeeelp! Im in a complete mess!

steph_x

Ok i just need a little advice please...

I just got a call from some debt collection agency on my work number, and the bloke basically said...
There is £741 in arrears on your total loan (£5000) and we need that by 9pm tonight or we will start legal proceeding and the collection agency to your house tomorrow.
I told him there was no way i could pay that much and if i could set up a payment plan and he refused and said i would need to start ringing my friends and family to see if i could borrow it!
He also said if i did not pay they would start automatically taking it from my wages??!

Has anyone been in this kind of situation? Im want to try and sort out paying it but i just dont have that kind of money and i feel like i have no options left

Any advice?

lilian1977

Which debt collection company, and for what debt?

steph_x

They didnt say which agency they were from, but its for a HFC loan

RAS

What he is saying is completely unacceptable and breaks several OFT Guidelines.

1. DCAs should not demand unreasonable payments.
2. They shpuld not suggest that they have powers that they fdo not - have - he has to go through due process and they can only vist by appointment with your agreement.
3. If is completely out of order for him to advise you to contact friend or family to get money.
4. They cannot take money from your wages unless they go through due process AND you fail to meet the agreed payments set by the court.

Will post the OFT Guidelines. What you will find if you start writing this dowm is that he suggested, used the word may etc to suggest things that are legally possible by highly improbable.

You also need to stop them phoning work, stop speaking to them on the phone and send some letters to sort this mob out.

RAS

Familiarise yourself and try to learn the OFT debt collection guidelines and section 40 of the Administration of Justice act

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf
http://www.debthelpuk.co.uk/administ...-act-1970.html

Telephone letter coming.

lxpeanut

Firstly don't worry about what he's saying too much they are typical bullying tactics used by some DCA's. They do not have any right to come into your house without a court order and as far as I know they can not take anything from your earnings without an attachment of earning order which again they have to get through the court. Write to the company with your statement of affairs and your offer of payment. Also make it clear in this letter that you will not abmit their staff to your property and tell them not to ring your work number ever again.

RAS

telephone letter.

-edit to advise them that they are not to phone you at work, home or mobile.

Send regsitered post so you can trace it.

Have you sent a CCA request? Are there any fees to recalim and was there PPI on the account?

rustybucket

Steph,

if you're behind by so many payments, and you have moved without notifying them and burying your head in the sand, now is the time to do something about it.

You can't afford to pay that amount. Let them send a collection agency around. (that won't happen tomorrow). . Tell them you will only communicate with them by letter. I think you'll find this bloke is being an !!!! and bullying you.

If he calls again, explain that he is harassing you, and if he carries on you will log a complaint with the police under harassment laws.

I suggest you immediately contact either payplan or cccs who are charities who can provide you with some advice, and they may be able to act on your behalf and negotiate with the collection agency.

It may get worse before it gets better, but lets face it, you're 18 and you'll be stronger at the end of all this.

ragstoricheswannabe

I agree with all the above advice, what they are doing is not legal and bullying!!! do not pay them anything!!!!! get work to say you are not allowed personal phone calss, this should at least stop them hassling you at work.
There is someone on here (forgot the name, sorry) that knows the ins and outs of dca's. Will go and try and find the name for you................

steph_x

Thank you all sooo much for that- I was pretty sure they werent allowed to do that but its hard to fire back at them when you have no factual proof!

I will ring him back tonight and tell him ill send a letter.

Thanks again guys... *massive weight lifted off shoulders*

RAS

steph_x wrote: »

I will ring him back tonight and tell him ill send a letter.

No

You will not ring him tonight as that is just another chance for him to bully you and not have the threats recorded.

Write to them., preferably today..

If he rings you refuse to answer the security questions, then tell him that following hios call earlier you have been advised to record all calls as evidence to send to the OFT. he will ring off.